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Med/Surg 1 Exam 1 > Legal and Ethical > Flashcards

Legal and Ethical Flashcards

1
Q

What is responsibility?

A

State of obligation for something within ones power or control

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2
Q

What is accountability?

A

State in which one is subject to the obligation to report, explain, or justify something or some action

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3
Q

What is the nurse’s legal responsibility?

A

Nurses have an obligation to practice and direct the practice of others under the nurse’s supervision so that harm or injury to the client is prevented and the standards of care are maintained

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4
Q

Where can standards of care be found?

A

Nursing books
National/State associations
Nursing journals (evidence-based practice)

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5
Q

What is the main purpose of Standards of Care?

A

To define professional accountability to the public

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6
Q

Standards of Care are developed by whom?

A

Professional organizations and institution policies

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7
Q

Standards of Care establishes?

A

General and specific guidelines for practice

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8
Q

Main purpose of the Nurse Practice Act?

A

Guarantee minimum standards for licensure and defines the legal scope of nursing practice
Gives authority to oversee other personnel

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9
Q

What does the BON (Board of Nursing) enforce?

A

The Nurse Practice Act

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10
Q

The nurse should never delegate what?

A 
The nursing process
Assessment
Diagnosis 
Planning 
Implementation
Evaluation
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11
Q

What are the accountability concepts?

A 
Competence 
Professional development 
Patient teaching/learning
EBP (evidence based practice)
Ethics
Law (nurse practice act, regulations, standards of care)
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12
Q

SBON has the power to what?

A

Examine and license
Regulate and define nursing practice
Approve nursing programs
Investigate and discipline nurses

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13
Q

Why were the Patient Bill of Rights created?

A

Make the patient feel more confident in the US health care system
Stress the importance of a strong relationship between patients and their health care providers
Stress the key role patients play in staying healthy by laying out rights and responsibilities for all patients and health care providers

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14
Q

What are key areas addressed in the Bill of Rights?

A 
Information for patients
Choice of providers
Access to emergency services 
Taking part in treatment decisions
Respect and non-discrimination 
Privacy 
Complaints and appeals
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15
Q

What does an informed consent include?

A 
Diagnosis 
Various treatments available 
Intended benefits of Tx
Risks of Tx
What the patient may feel or experience
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16
Q

For an Informed Consent to be valid (5)

A
  • Must be signed by patient or legal guardian
  • Mentally competent person (No pre-op meds)
  • Must be given voluntarily
  • Person giving consent must understand the risks of the procedure
  • Must not be under the influence of narcotics
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17
Q

What is the Self-Determination Act (main purpose)?

A

To permit patients to delineate health care choices in case they are later unable to do so themselves

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18
Q

How does a patient use the self-determination act?

A

Through advanced directives

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19
Q

What is a living will?

A

Written statement of patient wishes regarding the use of medical treatment when the patient is in a terminal state

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20
Q

What is a health care advocate/surrogate?

A

An assigned person who will state the patients wishes concerning medical care if he/she is determined incompetent or permanently unconscious

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21
Q

What are the 3 courts of law in nursing?

A

Civil
Criminal
Administrative

22
Q

What is a tort?

A

Civil wrong or injury resulting from a breach in legal duty

23
Q

Three types of torts?

A

Intentional
Unintentional
Legal duty

24
Q

Types of Intentional Torts:

A 
Assault and battery 
Defamation of character
Invasion of privacy 
False imprisonment 
Fraud
25
Q

Assault is?

A

“Threat or attempt” to make bodily contact with another person without their consent

26
Q

Battery is?

A

Any willful, angry, violent or negligent touching of another person’s body or anything attached to that person

27
Q

What is slander?

A

Saying/speaking

Making of derogatory remarks about another thereby diminishing the other party’s character

28
Q

What is libel?

A

Written derogatory remarks about another party

29
Q

What is false imprisonment ?

A

Unjustified retention of prevention of the movement of another person without proper consent

30
Q

What is fraud?

A

Willful and purposeful misrepresentation that could cause harm or has caused loss or harm to a person or property

31
Q

What is an unintentional tort?

A

Negligence

32
Q

What is a specialized kind of negligence?

A

Malpractice

33
Q

What are some legal limits for student nurses?

A
  • Perform as a professional nurse would to the point in their experience
  • Liable for own actions
  • Supervision required for new procedures
  • Liability shared by student, instructor, and SON
34
Q

What is gross negligence?

A

Extreme lack of knowledge/decision making that put someone at harm

Sent to criminal court

35
Q

What are some reasons negligence may result in malpractice lawsuits?

A

Failure to follow the standards of care**
Med error
Failure to assess and continue monitoring
Failure to document
Failure to use equipment in a responsible
manner
Improper treatment and management of care**
Failure to communicate
Failure to act as a patient advocate

36
Q

What are the code of ethics established by ANA?

A 
Respect for persons and their autonomy 
Beneficence 
Value neutrality 
Non-maleficence 
Veracity 
Justice 
Fidelity
37
Q

What are some legal safeguards to protect yourself and your patients?

A 
Up to date on knowledge 
Staying in legal boundaries
Following agency's policies and procedures 
Using EBP
Good rapport with health care team
Sensitive to client issues
Avoid back to back shifts 
Malpractice insurance**
Good samaritan act*
38
Q

What does the Good Samaritan Act provide?

A

A Defense

Not a prevention from being sued

39
Q

When should you not execute a physician order?

A

When you anticipate injury being carried out to the patient

40
Q

When should you question a physician order?

A

Ambiguous
Contradicts normal practice
Contradicted by client’s present condition
Patient questions the order

41
Q

What are ethics?

A

Systemic inquiry into the principles of right and wrong conduct of virtue and of good and evil

42
Q

What are morals?

A

Personal standards of right and wrong

43
Q

What are values?

A

Personal belief about worth that guides one’s behavior

44
Q

What is attitude?

A

A feeling or emotion toward people objects or ideas

45
Q

What is belief?

A

Intellectual attitude based primarily on faith as opposed to fact

46
Q

What is the primary goal of the nurse?

A

Patient advocate

47
Q

What does advocacy concepts include?

A 
Professional behaviors
Culture and diversity 
Ethics 
Law
Health care systems
48
Q

Who is involved in an ethics committee?

A

Physician
1-2 RN
Respiratory Therapist
Pharmacist

49
Q

What happens if the ethics committee can’t come to a conclusion?

A

An emergency injunction

24hrs to hear from a judge

50
Q

What is the ethical decision making process?

A 
Identify problem 
Gather data
Collaborate with health care team
Discuss options
Make decision 
Re-assess

Med/Surg 1 Exam 1 (5 decks)

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